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(영문) 서울서부지방법원 2008.09.05 2008가단16175
대여금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff's assertion: The plaintiff lent 45 million won to C, and when C is faced with a crisis under which C is bound by the bankruptcy of business, the defendant, who is the child of C, promised C to repay the above loan in lieu of the above loan and delivered the document to the defendant that the plaintiff does not want the punishment of C.

Therefore, the defendant should pay to the plaintiff 45 million won and damages for delay.

Defendant’s assertion: The Defendant promised to repay the Plaintiff KRW 45 million on behalf of the Plaintiff, but thereafter, the Defendant transferred the claim against D to the Plaintiff and decided to waive the above loan claim. Accordingly, the Plaintiff’s claim is unreasonable.

2. As seen above, the fact that the Defendant, on behalf of the father C, agreed on behalf of the Plaintiff to repay the loan obligations worth KRW 45 million does not conflict between the Plaintiff and the Defendant.

Meanwhile, according to the statement in Eul evidence No. 1 and the purport of the entire pleadings, the defendant transferred to the plaintiff the claim against D for promissory notes (a total of KRW 110,300,000,000) on May 12, 1998, and the plaintiff renounced the above claim of KRW 45,00,000.

Therefore, as the defendant's argument is well-grounded, we cannot accept the plaintiff's argument.

3. The plaintiff's claim is dismissed.

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